Right to counsel
California
,
Litigation
, Abuse/Neglect/Dependency - Accused Parents
In In re Jay, 197 Cal. Rptr. 672 (Ct. App. 1983), a California appellate court found a right to counsel for indigent parents in dependency proceedings. It relied on the California Supreme Court’s decision in Salas v. Cortez, 593 P.2d 226 (Cal. 1979), which had found a right to counsel in paternity proceedings under due process clauses of the state and federal constitutions, for the proposition that California law does not adopt the presumption that counsel is only required when physical liberty is threatened.
Other California courts have come to different conclusions with respect to the right to counsel in dependency proceedings, and the California Supreme Court has not yet answered the question.
Appointment of Counsel: Yes
Qualified: Yes
